“Gay panic” and “transgender panic” defenses have been asserted by defendants in criminal trials throughout the U.S. since the 1960s. In these cases, defendants have argued that their violent behavior was a rational response to discovering that the victim was LGBT. The defenses are rooted in irrational fears based on homophobia and transphobia, and send the message that violence against LGBT people is understandable and acceptable. When successful, these defenses have resulted in murder charges being reduced to manslaughter or another lesser offense.
To date, only one state, California, has banned defendants from asserting gay or transgender panic defense by statute. In this brief, Williams Institute scholars present model language, based on the language adopted in California, that other states may use to eliminate use of the defenses through legislation. The model legislation offers language to prohibit defendants from using gay and trans panic defenses under each of the major defenses theories of provocation, insanity/diminished capacity, and self-defense. In addition, the brief provides an overview of the ways in which the defenses have been asserted in trials throughout the last several decades, and evaluates potential constitutional challenges to state legislation eliminating use of the defenses.

Utilizing data from the 2014 Behavioral Risk Factor Surveillance System (BRFSS), which includes representative state-level surveys, Williams Institute scholars provide up-to-date estimates of the percentage and number of adults who identify as transgender in the United States. Approximately 0.6% of adults in the United States, or 1.4 million individuals, identify as transgender.
The study also provides the first ever state-level estimates of the number and percentage of adults who identify as transgender for all 50 states and the District of Columbia. Differences exist in the percentage of adults who identify as transgender among the states, ranging from 0.3% in North Dakota to 0.8% in Hawaii. Differences by age also exist, with younger adults more likely to identify as transgender than older adults. An estimated 0.7% of adults ages 18 to 24, 0.6% of adults ages 25 to 64, and 0.5% of adults ages 65 and older identify as transgender.

A ballot initiative in Washington State that would restrict access to restrooms based on biological sex would impact an estimated 26,400 transgender people in the state, and could put at risk up to $4.5 billion in annual federal funding to schools and other state and local government entities. The initiative is in conflict with the gender identity non-discrimination requirements under several federal laws including Title IX of the Education Amendments of 1972, Executive Order 13672, Workforce Innovation and Opportunity Act, the Violence Against Women Act, the Affordable Care Act, Title VII of the Civil Rights Act of 1964, and the Housing Act of 1949. Federal agencies that enforce the laws are authorized to suspend or terminate funding if recipients violate the non-discrimination requirements.

A ballot initiative in Washington, Initiative Measure 1515, would require public schools to restrict access to restrooms and other shared facilities based on biological sex, and may require similar restrictions in all state and local government buildings. The initiative would put at risk up to $1 billion annually in federal funding to schools, and may put at risk an additional $3.5 billion annually in funding to state and local government entities, according to a new analysis conducted by the Williams Institute.

Nearly 300,000 transgender youth and adults may be negatively impacted by legislation introduced in 15 states. These bills would limit access to single-sex restrooms and locker rooms at schools and in public places; limit protections based on gender identity; permit individuals and businesses to discriminate against transgender people based on religious and moral beliefs; and limit the ability to change certain vital records documents, such as birth certificates, or enforce the use of birth certificates to establish an individual's sex for certain purposes. The report includes a brief description of each bill, which age groups it would affect, and how many transgender people we estimate live in each state.

Total spending by resident same-sex couples and their guests will add an estimated $88 million boost to the state and local economy over the course of three years. This economic boost is likely to add $8 million in tax revenue to state and local coffers.

This report documents public sector employment discrimination based on sexual orientation and gender identity in Washington. The report is part of a 15 chapter study that documents a widespread and persistent pattern of unconstitutional discrimination by state governments against LGBT people.

This analysis estimates the impact of allowing same-sex couples to marry on Washington's state budget. We estimate that that allowing same-sex couples to marry will result in a net gain of approximately $3.9 million to $5.7 million each year for the State.